Another Study Ordered On Prosecution of FLDS In Canada

Despite a recommendation last August by independent prosecutor Richard Peck that Canadian prosecutors not file charges against the polygamous FLDS community in Bountiful, BC, another review has been ordered by British Columbia's Attorney General. This time lawyer Leonard Doust will examine whether there is sufficient evidence to prosecute for sexual exploitation offenses. Peck had recommended against such prosecutions and suggested instead that the BC government ask the courts to rule on advance on the constitutionality of Canada's ban on polygamy. BC Attorney General Wally Oppal wants Doust to take a more aggressive approach to possible prosecution, according to Saturday's Vancouver Sun.

2nd Religious Freedom Moot Court Competition Announced

George Washington Univeristy Law School has announced that its Second Annual Religious Freedom Moot Court Competition will be held Feb. 22-23, 2008. Registration deadline for law school teams is Oct. 12, 2007.

Federal Court Approves Jesus Portrait In Larger Display In Slidell Courthouse

The New Orleans Times-Picayune reports that a Louisiana federal district court on Friday refused to order a picture of Jesus removed from the lobby of the Slidell (LA) City Court now that the pictures of 15 other people who were important in the development of legal history have been added.. A copy of the U.S. Constitution has also been hung in the center of the display. (See prior posting.) U.S. District Judge Ivan Lemelle said he would have ordered the picture removed if it the additional portraits had not been added. A challenge to the portrait of Jesus which has been in the courthouse for many years was filed by the ACLU. Apparently the former judge who purchased the portrait did not realize that it had religious significance, despite the halo around the head of the portrait's subject. Retired Judge James R. Strain Jr. said he thought it was merely a picture of a lawgiver.

Town Passes Permit Law In Reaction To Street Preachers

Last Tuesday, Walnut Cove, North Carolina’s town council enacted a new ordinance requiring a permit for parades and public assemblies on town streets, sidewalks or public property. (Text of ordinance as proposed). Today’s Winston-Salem Journal reports that the ordinance is a response to members of the Baux Mountain Baptist Church who have been preaching on city streets every Saturday for over four months. Reporting on the proposal last month, CBN News said Council is concerned about traffic, church members taking up parking spaces and the blocking business entrances. Church members say the new rules, which are scheduled to take effect in October, are unconstitutional.

No Immunity For Parole Officer Sending Offender To Religious 12-Step Program

In Inouye v. Kemna, (9th Cir., Sept. 7, 2007), the U.S. 9th Circuit Court of Appeals reversed the decision of a Hawaii federal district court and denied qualified immunity to a parole officer being sued for Establishment Clause violations. The Court of Appeals held that by 2001 it was clearly established that coerced placement of a convicted defendant in a religious-based drug or alcohol treatment program was unconstitutional. Today’s San Francisco Chronicle reported on the case that was brougth by a Buddhist who was required to attend the Salvation Army's treatment program, including Narcotics Anonymous. [Thanks to Robert H. Thomas for the lead.]

Catholic Retirement Community Entitled To Colorado Tax Exemption

In Catholic Health Initiatives Colorado v. City of Pueblo, (CO Ct. App., Sept. 6, 2007), a Colorado appellate court held that a continuing care retirement community operated by a Catholic religious organization qualifies for the sales and use tax exemption that is granted to charitable and religious organizations. Disagreeing with the trial court, the Court of Appeals concluded that the operation of the retirement community is a religious activity. While agreeing that an exemption is available, the Court disagreed with the argument made by Catholic Health that government officials cannot constitutionally examine the activities of a religious organization to determine which of its activities are or are not religious. The Court held that “a certain amount of inquiry into a religious organization’s activities is appropriate”. The organization’s motivation in conducting a particular activity is relevant, but other factors must also be examined.

Interim Rulings In Russian Orthodox Church Dispute In New Jersey

A New Jersey trial court judge made several rulings Thursday in a dispute between a Russian Orthodox diocese in New Jersey and the Sviato-Pokrovskiy Russian Orthodox Church in Buena Vista (NJ). Members of the parish oppose the reconciliation that has taken place between the Russian Orthodox Church Outside Russia and the Moscow Patriarchate in Russia. (See prior posting.) On Friday, Newsday reported that Superior Court Judge William C. Todd prohibited the parish from selling off its church building or land without permission of the diocese. However, Judge Todd refused to rule that parish members had no interest in the property. He also refused to require that the property be used only in accordance with the canons, rules and customs of the Orthodox Church Outside Russia. All of this leaves the ultimate dispute undecided,

Alaska Supreme Court Allows Churches To Intervene In Tax Challenge

In Anchorage Baptist Temple v. Coonrod, (AK Sup. Ct., Aug. 31, 2007), the Alaska Supreme Court permitted three churches to intervene in a citizens’ lawsuit that challenged the constitutionality of a state property tax exemption. The challenged law exempts teachers' residences owned by religious organizations. The lower courts had permitted the churches only to appear as amicus curiae. The Supreme Court reversed finding that the “churches have significant financial and potentially unrepresented constitutional interests in the litigation” and because there is at least an appearance of adversity between them and the state

Quebec Will Not Require Muslim Women Voters To Uncover Their Face

Jurist reported yesterday that in the upcoming elections in Quebec, Muslim women who have their faces covered with a niqab or burqa will still be able to vote so long as they can prove their identity. This is a change in policy after Muslim groups criticized election officials last March for requiring women to show their faces in order to vote.

9th Circuit: Transfer of Cross To VFW Did Not Cure Establishment Clause Violation

Congress' attempt to avoid Establishment Clause problems by transferring the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW has failed. In Buono v. Kempthorne, (9th Cir., Sept. 6, 2007), the U.S. 9th Circuit Court of Appeals first rejected the government's contention that the case was not ripe. Moving to the merits, the court focused on the government's ongoing oversight and maintenance of the property, the government's reversionary interest in the property, the unusual method of authorizing the land exchange with the VFW and the government's continuing efforts to keep the cross on the property. The court concluded that the land transfer would violate the district court's earlier injunction against display of the cross on government property. It concluded: "carving out a tiny parcel of property in the midst of this vast Preserve—like a donut hole with the cross atop it—will do nothing to minimize the impermissible governmental endorsement." Reuters yesterday reported on the decision. (See prior related posting.) [Thanks to Inverse Condemnation blog for the lead.]

Huckabee Explains Views On Church-State Issues

Yesterday's New York Jewish Week published an article detailing Republican presidential hopeful Mike Huckabee's views on church-state issues. The candidate-- a Baptist minister and former Arkansas governor-- generally opposes school voucher programs. As a strong supporter of public schools, he says that vouchers are often small so that they only empower affluent parents. However, he said, even if full tuition voucher were offered,: "Most of the people I know who have run religious schools do not want government vouchers for their religious schools, because they know that with government money comes control. The very reason they established their schools is to have an independence from that government control."

The paper also questioned Huckabee on a prior statement he made calling for taking the nation back for Christ. Responding to concerns Jews might have with the concept, Huckabee explained: "If you understand what that means, it means that if that were to happen, this is the Jesus who said 'love your neighbor as you love yourself.' What it means is that you wouldn't have children going hungry at night; you wouldn't have women having the daylights beat out of them by abusive, alcoholic husbands..... It doesn't mean everybody would go to the same church as I do and pay their tithe; it does mean there would be a civility, a stand against corruption."

Conservative Catholic Order Sues Website Over Posted Documents

In Alexandria, Virginia, the Legion of Christ has brought suit against former priest John Lennon to prevent him from disseminating letters and documents about the Legion through a website known as ReGain. The complaint in Legion of Christ, Inc. v. Regain, Inc. (full text) was filed in Alexandria's Circuit Court on Aug. 2. According to yesterday's Washington Post, the Legion-- a conservative Roman Catholic movement of 750 priests and 2500 seminarians with 70,000 supporters around the world-- accuses Lennon of posting letters and documents that were intended only for the group's internal use. Some of the documents set out the Legion's strict rules of conduct.

The court has ordered Lennon-- a former member of the Legion-- to return to the Legion any of its documents, computer disks and CDs. Lennon says he is exposing the dangerous and secretive group that is built around the "charism" of 87-year old Rev. Marcial Maciel Degollado who has been disciplined by the Vatican after its long investigation into charges against him of sexual abuse. The lawsuit is also seeking to discover the names of the individuals who write for ReGain and on a related discussion board. The corporation that owns Regain is also named as a defendant.

Obama Appearance Before UCC Generates IRS Complaint

The American Spectator reports that a June appearance by Democratic presidential hopeful Barak Obama before the United Church of Christ General Synod has led to the filing of a complaint with the IRS, asking it to investigate the UCC for possible violations of restrictions on political involvement by Section 501(c)(3) non-profit organizations. (See prior related posting.)

Europe Expresses Concern About Islamization

Press reports today from various parts of Europe reflect the continent's growing concern with its increasingly large Muslim population. Brussels Mayor Freddy Thielemans has banned a planned demonstration against the Islamization of Europe that had been scheduled for Tuesday to coincide with the sixth anniversary of the 9-11 attacks. CNS News reports that organizers from Denmark and Britain plan to go ahead with the demonstration anyway, while German organizers backed off when neo-Nazi groups threatened to appear.

Meanwhile, the McClatchy Newspapers report that Germany is considering a proposal to permit online surveillance on all German converts to Islam in the wake of recent arrests of individuals who were said to be planning a "massive" attack on American installations. Guenther Beckstein, the interior minister in the German state of Bavaria who has proposed the new law, says: "Germans converting to Islam should be watched because they tend to show particular fanaticism in order to prove worthy of their new religion."

Finally, in the Dutch Parliament, the Party for Freedom (PVV) submitted a no-confidence motion against Minister of Housing, Living and Integration Ella Vogelaar who welcomes the growth of Islamic culture in the Netherlands. Expatica reports that none of the major political parties supported the motion. The liberal VVD Party however has called for the closing of radical mosques and the eventual ban on imams trained outside of Europe.

9th Circuit OK's Death Penalty Despite Navajo Religious Opposition To It

In United States v. Mitchell, (9th Cir., Sept. 5, 207), the U.S. 9th Circuit Court of Appeals rejected a claim that the Federal Death Penalty Act violates the First Amendment and the American Indian Religious Freedom Act. The court held that despite the Navajo tribe's religious objections to capital punishment, the FDPA can be applied to a member of the tribe since the statute is a neutral law of general applicability. The court also rejected the claim by defendant Lezmond Mitchell that the Religious Freedom Restoration Act was violated by exclusion from his jury of individuals whose traditional Navajo views on the death penalty would substantially impair the performance of their duties. The case involved the appeal of a death sentence imposed for the brutal killing of two other members of the Navajo tribe in a carjacking that took placeon the Najavo reservation.

Law, Religion & Ethics Center Renamed For Donor

A $5 million gift to Pepperdine University Law School by Herbert & Elinor Nootbaar has been commemorated by adding the Nootbaars' names to the school's Institute on Law, Religion & Ethics. According to yesterday's Graphic, the official naming ceremony for the Herbert and Elinor Nootbaar Institute of Law, Religion, and Ethics will take place on Nov. 8.

President Proclaims Sept. 7-9 As National Days of Prayer and Remembrance

President Bush has issued a Proclamation declaring this week end, Sept. 7 through 9, as National Days of Prayer and Remembrance to honor those who died in the 9-11 attacks six years ago. The Proclamation requests "that the people of the United States and their places of worship mark these National Days of Prayer and Remembrance with memorial services, the ringing of bells, and evening candlelight remembrance vigils." It also invites "the people of the world to share in these Days of Prayer and Remembrance".

Groups Ask FBI To Investigate Official's Appearance in Christian Fundraising Video

Veterans for Common Sense and the Military Religious Freedom Foundation have asked the FBI to investigate head of the Veterans Benefits Administration, Daniel L. Cooper. The groups allege that Cooper violated the Establishment Clause as well as ethics rules by appearing in a fund-raising video for the evangelical group Christian Embassy. In the video, Cooper says that Bible study is more important than doing his job. IPS reported yesterday that the groups went to the FBI after the Department of Veterans Affairs Inspector General cleared Cooper of any wrongdoing.

Christian Right Leader Rev. D. James Kennedy Dies

An important figure in the religious right, Rev. D. James Kennedy, died yesterday at the age of 76. Among those recounting his contributions are USA Today and ABP News. Broadcaster and leader of the 10,000-member Coral Ridge Presbyterian Church in Ft. Lauderdale (FL), Kennedy was an early board member of the Moral Majority. He created the Center for Christian Statesmanship that organized Capitol Hill Bible studies, and organized the Center for Reclaiming America for Christ to promote Christian values in "the modern-day culture war." He was a strong supporter of former Alabama Supreme Court Chief Justice Roy Moore who fought a high-profile battle to place a 10-Commandments monument in the Alabama Supreme Court building. Kennedy also was one of the co-founders of the Alliance Defense Fund. (ADF release).

Nepal Airlines Uses Goat Sacrifices After Plane Has Mechanical Problems

In Kathmandu, Nepal, officials of the state-run Nepal Airlines have sacrificed two goats to appease the Hindu sky god Akash Bhairab after electrical problems grounded one of its two Boeing 757's. Reuters reported yesterday that the plane is now back in operation. [Thanks to Matthew Caplin for the lead.]

Rastafarian's Marijuana Suit dismissed On Jurisdictional Grounds

In Brown v. United States, 2007 U.S. Dist. LEXIS 65015 (MD FL, Sept. 4, 2007), a Florida federal district court dismissed declaratory judgment action brought by a practicing Rastafarian who uses marijuana as a holy sacrament. Plaintiff asked to court to rule that Florida's exclusion of violations of its Drug Abuse and Prevention Law from the state's Religious Freedom Restoration Act amounts to favoritism of some religions over others. The court dismissed the case under the Rooker-Feldman doctrine, finding that plaintiff had lost virtually identical claims in Florida state courts. The court also found no case or controversy existed since "Plaintiff is simply seeking a declaration ... as to what legal analysis the Florida courts should use in the off-chance he is arrested for growing, using, and/or distributing marijuana..."

Israel Proposes New Rules On Citizenship For Recent Converts From Abroad

Israel's Interior Ministry on Monday circulated for comment to interested parties a draft of proposed new rules that would make it more difficult for those converting to Judaism outside of Israel to qualify for citizenship under the country's Law of Return. The Jerusalem Post reports that the proposed rules would apply to Orthodox as well as Conservative and Reform conversions abroad, and are aimed at preventing conversions motivated soley by a desire to gain Israeli citizenship. New rules would require significant ties to the Jewish community abroad where the conversion took place, including at least nine months of participation after conversion. Converts could also be rejected if, for example, they are attempting to join relatives in Israel or had stayed illegally for 6 months or more in the country. In 2005, Israel's High Court of Justice struck down Interior Ministry regulations that required converts to live in their home community abroad for at least a year before emigrating. The Court said that the Ministry had no authority to define religious conversions.

California Church Denied Preliminary Injunction In RLUIPA Case

On Wednesday, a federal district court judge in San Francisco denied San Leandro's (CA) Faith Fellowship Church a preliminary injunction in its land use dispute with the city, according to the Daily Review. The megachurch filed a lawsuit under RLUIPA after it was denied a zoning change that would have allowed it to occupy an industrial building it had purchased. The judge said that requiring the church to remain in its present location temporarily did not create immediate harm. Meanwhile Judge Phyllis J. Hamilton said the church should complete its most recent application for a conditional use permit before she would rule in the case.

Canada Not Amending Terrorism Law That Poses Religious Freedom Issues

Despite a 2006 decision by the Ontario Superior Court of Justice finding that a key provision in Canada's anti-terrorism law has a chilling effect on freedom of religion, belief, expression and association, the Canadian government has no current plans to amend the law. Yesterday's National Post reports that a government document quietly filed with the House of Commons in July says the government has no current intention of amending the provision that outlaws only terrorist activities that are undertaken "in whole or in part for a political, religious or ideological objective or cause".

Slidell Tries To Turn Jesus Portrait Into Historical Display

Apparently having some second thoughts about its defense of a portrait of Jesus -- as depicted in an Eastern Orthodox icon-- hanging in the lobby of its City Court, the city of Slidell, Louisiana has now expanded the courthouse display to include a copy of the Constitution and portraits of 15 "notable lawgivers in history," including Moses, Charlemagne, and Napoleon. Alliance Defense Fund lawyer Michael Johnson,who is defending the city said that the expanded display is modeled after one in the U.S. Supreme Court. Reporting on these developments, the Associated Press quotes the president of the Louisiana chapter of the ACLU who says that the new move is "creative" but "ultimately disingenuous". (See prior related posting .)

Fallout Continues From Swedish Paper's Muhammad Drawing

Fallout and response continue from the August 19 publication by the Swedish newspaper Nerikes Allehanda of an artist's drawing of the head of the Prophet Muhammad on the body of a dog. (See prior posting.) Turkey's Department of Religious Affairs issued a statement protesting the caricature, calling for "a legal arrangement and agreement that will determine the limits between freedom of press and speech and desecration of religious values." It added: "Desecration of religious values of Islam fuels a global crisis and tension between the two worlds and leaves behind deep sorrows." (Turkish Press.)

Meanwhile the youth branch of the Islamic Felicity Party staged a demonstration in front of the Swedish embassy in Ankara, the chairman of the Organization of Islamic Conference criticized the paper, and the Muslim Council of Sweden, filed a lawsuit against the newspaper and artist Lars Vilks who drew the illustration. (Today's Zaman).

Nerikes Allehanda plans to run an Arabic translation of an editorial it has already published defending its position on free speech grounds. (Crosswalk).

Muslim Woman Sues California Jail Officials Over Hijab Removal

In Orange County, California yesterday, a Muslim woman filed suit against the Orange County Sheriff's Department after jail officials forced her for security reasons to remove her headscarf. Today's Los Angeles Times reports that Souhair Khatib, represented by the ACLU, claims in her federal lawsuit that she was humiliated by the experience. Her 8-hour arrest came after a judge determined that she had not completed the number of community service hours to which she had previously been sentenced in a welfare fraud case. Khatib's attorney, Hector Villagra, said jail officials claim Khatib's hijab could have been used to choke someone.

Churches Continue To Clash With Communities Over Construction

Expansion of church facilities continue to create zoning clashes in various communities. The San Antonio Express-News today reports on the settlement of a long-running lawsuit between Castle Hills First Baptist Church and the city of Castle Hills, Texas that will permit the church to build softball and soccer fields, restroom, a pavilion and lighting on formerly residential lots across from the church. The settlement still needs court approval.

Meanwhile in Topeka, Kansas, environmentalists continue to oppose the construction of a parking lot by Grace Episcopal Cathedral, after the church cut down large trees to make way for the project. Today's Topeka Capital-Journal reports that parking lot opponents say that the entire church site is listed on the Register of Kansas Historic Places and that historic preservation requirements apply to vegetation on the land as well as buildings. Friends of Bethany Place filed suit, but most of the trees were cut down before the court issued a temporary restraining order. The church says that the preservationist group lacks standing, and that the church's free exercise rights entitle it to use its property to fulfill its Christian mission.

Hindu Group In UK Says Church Ban On Yoga Classes Violates Equality Law

The United Kingdom's Hindu Council has issued a press release yesterday questioning the ban imposed by two British churches on renting out space in their buildings for yoga classes. Reverend Tim Jones, Vicar of St James' and The Reverend Simon Farrar of the Silver Street Baptist Church argued that yoga is a "sham", a "false philosophy" and "unchristian". The Hindu Council-- saying those comments amount to a charge that Hinduism is a false religion-- is considering filing a complaint with the Commission for Equality and Human Rights claiming that the ban violates provisions in the Equality Act 2006 that prohibit religious discrimination in providing goods, facilities and services.

Article Profiles ACLJ and Its Leader, Jay Sekulow

Yesterday's Chicago Tribune features an article on the American Center for Law and Justice and its chief counsel Jay Sekulow. Describing ACLJ as "the conservative mirror image of the American Civil Liberties Union", it says the organization, founded by Pat Robertson, "has led the way in transforming the complaints of the religious right from raucous protests on the courthouse steps to polished presentations inside the highest courts in the land." The article describes Sekulow as: "a distinctive figure in the Christian legal fold, not just because he is a sharp legal strategist who eschews emotional or religious arguments but because he is a Brooklyn-born Jewish convert to Christianity, or a 'Messianic Jew,' as he puts it."

Islamic Society's Annual Convention Included Government Agencies

The Islamic Society of North America held its annual convention in suburban Chicago over Labor Day weekend. Speeches and exhibit booths by various federal officials and agencies provoked criticism from some sources. Melissa Rogers has a posting today that reviews these and other aspects of the 4-day meeting. The convention included a major address by Rabbi Eric H. Yoffie, president of the Union for Reform Judaism.

Sarkozy Wants French Schools To Teach About World's Religions

France's President Nicolas Sarkozy in a speech today said that there is a place for discussion of religion in French public schools, even though the country's Enlightenment values and secularism were critical to prevent religious confrontation . Christian Today quoted Sarkozy, who said: "The origins of the great religions, their visions of mankind and the world should be studied ... (in the spirit) of a sociological, cultural, historical analysis which would allow a better understanding of the fact of religion."

Belgian Prosecutor Wants To Indict Scientology On Fraud Charges

In Belgium, investigating prosecutor Jean-Claude Van Espen has recommended that 12 people connected with the Church of Scientology be indicted on charges of fraud and extortion. The AP today says that the recommendation follows a 10-year investigation into the U.S.-based group. Van Espen also recommended that Scientology be labeled a criminal organization, and concluded that its European office and its Belgian missions unlawfully practiced medicine, violated privacy laws and used illegal business contracts. It is now up to an administrative court to decide whether to proceed with the charges.

UPDATE: In response to a question, a U.S. State Department spokesman said on Tuesday: "If Belgian authorities have evidence that individuals violated Belgian law, they should take appropriate legal steps, consistent with Belgium's international obligations to protect freedom of thought, conscience, and religion. We would, however, oppose any effort to stigmatize an entire group based solely upon religious beliefs...."

Baptist Church Dispute Dismissed Under Ecclesiastical Abstention Doctrine

Anderson v. Matthews, 2007 Tex. App. LEXIS 7081 (14th TX Ct. App., Aug. 30, 2007), involved a dispute between various members of Houston's Missionary Baptist Church. A Texas state appellate court affirmed the dismissal of the case on the basis of the ecclesiastical abstention doctrine. It held: Although stated in terms of contract and tort claims, failure to abide by church bylaws, and various other legal 'emblemata,' the gravamen of the Members' complaint involves their dissatisfaction with Matthews's performance as pastor of New Birth and their desire to remove him from the pulpit, which is an ecclesiastical matter."

Recent Prisoner Free Exercise Cases

In a lengthy opinion after remand from the 4th Circuit Court of Appeals, in Lovelace v. Lee, 2007 U.S. Dist. LEXIS 62522 (WD VA, Aug. 24, 2007), a Virginia federal district court rejected free exercise and RLUIPA challenges to the Ramadan observance policy of the Keen Mountain Correctional Center. The challenged policy removed prisoners from the Ramadan program if they were observed taking meals during Ramadan from the regular diet line at regular mealtimes. Originally those removed were also unable to participate in group religious services, but changes in policy cured that by scheduling weekly Nation of Islam services-- both live and by video-- so that they were available during Ramadan. The court called on prison authorities to submit evidence that due process concerns over proper identification of inmates removed from the Ramadan program had been met.


In Saif'ullah v. Padaoan, 2007 U.S. Dist. LEXIS 62673 (ED CA, Aug. 24, 2007), a California federal Magistrate Judge recommended that plaintiff be permitted to move ahead with his claim that his free exercise rights were violated when rules regarding inmate work schedules were enforced to prevent plaintiff from attending Muslim religious services. However, the Magistrate Judge recommended summary judgment be granted for plaintiffs on claims regarding refusal to permit prayers in the day room prior to 5:30 a.m., and on disagreements regarding interpretation of Islamic religious doctrine.


In Bess v. Alameida, 2007 U.S. Dist. LEXIS 63871 (ED CA, Aug. 29, 2007), a prisoner challenged prison rules restricting the amount of religious material that inmates of a California state prison could receive by mail. A California federal Magistrate Judge recommended that the claim for an injunction be dismissed because changes in regulations made the complaint moot, but that other free exercise, RLUIPA and equal protection claims be permitted to move ahead. The Magistrate Judge held that since the prison's policy applied only to religious publications, it was an impermissible content-based regulation.


In Auleta v. Goord, 2007 U.S. Dist. LEXIS 63549 (ND NY, Aug. 28, 2007), a New York federal district judge found that a Wiccan prisoner failed to demonstrate that the exercise of his religion was substantially burdened by the denial of the tarot cards, a prohibition on in-cell burning, or alleged deficiencies in the holy day calendar.

Recent Articles Of Interest

From SSRN:

• Nelson Tebbe, Excluding Religion, (University of Pennsylvania Law Review, Forthcoming).
• Michael J. Perry, Morality and Normativity , (Legal Theory, Forthcoming).
• Nelson Tebbe, Witchcraft and Statecraft: Liberal Democracy in Africa, (Georgetown Law Journal, Forthcoming).

From SmartCILP:

• Katayoun Alidadi, The Western Judicial Answer to Islamic Talaq: Peeking Through the Gate of Conflict of Laws, 5 UCLA Journal of Islamic & Near Eastern Law 1-80 (2005-2006).
• Mousa Abou Ramadan, The Shari'a in Israel: Islamization, Israelization and the Invented Islamic Law, 5 UCLA Journal of Islamic & Near Eastern Law 81-129 (2005-2006).
• Col. (Ret.) Richard D. Rosen, Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State, 38 University of Toledo Law Review 1137-1178 (2007).
• Rabbi Alan Mayor Sokobin, Rabbinic Confidentiality: American Law and Jewish Law, 38 University of Toledo Law Review 1179-1197 (2007).
• Aaron Tyler, Administering a Sacred Trust: The Place of Religious Tolerance in the State of Pakistan, 5 UCLA Journal of Islamic & Near Eastern Law 131-152 (2005-2006).
• Symposium: Islam and International Law. Articles by Mohammad H. Fadel, Sadiq Reza, Khaled Abou El Fadl, Amira El-Azhary Sonbol, Clark B. Lombardi and M. Cherif Bassiouni. 8 Chicago Journal of International Law 1-146 (2007).

Louisiana School Board Prayer Suit Finally Dismissed

The Advocate today reports that on August 22, a Louisiana federal district judge formally dismissed the ACLU's suit against Tangipahoa Parish School Board as she was ordered to do by the U.S. 5th Circuit Court of Appeals. (See prior posting.) Plaintiffs lost their challenge to school board invocations on standing grounds. This leaves the school board free to implement the new prayer policy that it adopted last month.

Conference Urges Malaysia To Appoint Women To Syariah Court

Bernama reports that a government-organized conference on Muslim Women in the Midst of Change that concluded yesterday in Kuala Lumpur is urging Malaysian authorities to appoint women as Lower Syariah Court judges. The National Fatwa Council decided in April that it was permissible to appoint women, but so far this decision has not been implemented.

Athieist Leader Profiled

Yesterday's Contra Costa Times profiles Pacifica, California resident Jim Heldberg, founder of San Francisco Atheists, and national affiliation director of American Atheists. Commenting on his affiliation efforts, Heldberg says: "The more the religious right takes over the government, the more people come to find us."

Local Indian Council Enforces Hindu Marriage Ban

An AP report from India on Saturday indicated that in the village of Oindh, the panchayat (local council) has enforced the Hindu ban on marrying within one's Gotra (assigned lineage or clan). Even though the marriage is not illegal under Indian civil law, the council took custody of a 10-day old baby of a couple from the same Gotra who married last year in Mumbai. The panchat ordered the couple to live separately and fined the husband 60,000 rupees that will be used to raise the couple's son.

Ontario Party Calls For Public Funding of Religious Schools

This week, Canada's Law Times reports that the platform of Ontario's Progressive Conservative Party calls for direct funding of the province's 100 private faith-based schools. Currently the only religious schools to receive government funding are Catholic ones. At an estimated cost of $400 million, proponents say this would integrate the province's diverse student body into the mainstream. (See prior related posting.)

Fiji Will Not Impose Sunday Closing Laws

Fiji's interim government says that it will not impose a Sunday closing requirement in the country despite a call by the Methodist church for a ban on commercial activities on Sundays and Christian holidays. FBCL News reports that Local Government Minister Jone Navakamocea said the country's Constitution protects the right to work on any day of the week.

Canadian Court Permits Suit Against Jehovah's Witnesses To Proceed

On Friday, the Alberta Court of Appeals held that a father can proceed with his wrongful death lawsuit against the Watchtower Society and its elders for allegedly misrepresenting the nature of chemotherapy and blood transfusion treatment to his 17 year old daughter, telling her that they would not cure her leukemia. In Hughes (Estate) v. Brady, (Alb. Ct. App., Aug. 31, 2007), the court held that the Charter of Rights and Freedoms provisions protecting religious freedom do not protect the right to impose religious beliefs on third parties. Refusing to dismiss the claims at the pleading stage, the court said:

Whether religious views provide a defence to or justification for misrepresentations that cause bodily harm or death should only be decided on a full factual record. It is not "plain and obvious" that a sincerely held religious belief would be an answer to a claim where application of the religious doctrine is said to have caused a death. In any event, the pleadings will not require any examination of the "truth" of the respondents’ beliefs about blood transfusions.... The record indicates that the respondents are opposed to transfusions as a matter of faith, not because they are experimental or ineffective.... [O]bjective validity of the belief of the respondents that blood transfusions are prohibited by scripture is not an issue in this litigation ... even though the respondents may raise their sincerely held religious beliefs as a defence or justification.

Yesterday's Calgary Sun in additional background on the case says that the trial court last year had held that the allegations were merely an attack on Jehovah's Witness beliefs.

Sikh Charges Discrimination After JP Forces Him To Remove Turban In Court

On Friday, the ACLU of Texas announced that it had filed suit in state court under the Texas Religious Freedom Restoration Act on behalf of Amardeep Singh, a member of the Sikh faith. In June 2006 Singh appeared in the courtroom of Justice of the Peace Albert Cercone to defend a speeding ticket. The bailiff told Singh he would need to remove his turban. Singh says he tried to explain the religious significance of the turban, but was ignored. According to yesterday's Dallas News, Cercone says that Singh made no mention of his religious concerns. Cercone argues that the request was necessary for security reasons since Justice of the Peace courts do not have metal detectors. The complaint in the case is available online. Singh has also filed with the State Commission on Judicial Conduct.

Tibet Criticizes China's New Order On Buddhist Reincarnates

Tibet's government today issued a lengthy statement criticizing China's recent Order on Management Measures for the Reincarnation of 'Living Buddhas' in Tibetan Buddhism. Phayul reprints the statement issued by the Kalon for Religion and Culture of the Central Tibetan Administration. The statement says that China's Order is "replete with contradictory statements and wild claims ... [and] will serve as a big tool for the Chinese government to brutally repress the innocent Tibetans under their tyrannical rule...."

Salt Lake City's New Mayor Will Need To Deal Wtih "Religious Divide"

Anticipating November's election, today's Salt Lake Tribune says that the next mayor of Salt Lake City will need to deal with the city's "religious divide". Salt Lake has become increasingly non-Mormon. The LDS Church will be seeking various permits as it enters a $1 billion development of City Creek Center on the city's downtown mall. Other issues, such as reform of the city's liquor laws, also pose tensions. David Richard Keller, associate professor of philosophy at Utah Valley State College says: "The mayor has to try to lay down a fundamental assumption: Is Salt Lake City going to reflect LDS values, or is it going to be a pluralistic American city that welcomes some things that may not be consistent with LDS morality? "

Virginia City Gives Temporary Permit To Buddhist Monks

Virginia Beach, Virginia's City Council last week voted to give a temporary 12-month permit to a three Buddhist monks to continue to hold services in their home in a residential area on Sundays and on three Buddhist holidays-- with numbers limited to 20 on Sundays and 50 on holidays. Today's Hampton Road Pilot reports that in January master monk Thanh Cong Doan asked the city to allow the Buddhist Education Center of America Inc. to operate out of his home. Another proposal to build a 6,000 square foot pagoda on their front lawn was dropped after neighbors complained. The monks hope to use the next 12 months to convince neighbors that they should drop their complaints.

USCIRF Chairman Says He Found Some Hopeful Signals In Turkmenistan

Radio Free Europe yesterday featured an interview with Michael Cromartie, Chairman of the U.S. Commission on International Religious Freedom following the visit of a USCIRF delegation to Turkmenistan. Cromartie said: "In Turkmenistan, you still have a repressive situation, but you at least have some signals that the government is aware of that and wants to do better. But their feet have to be held to the fire and it must be measure over time.... We heard the words, but we didn't see the evidence." (See prior related posting.)

Texas Seminary Wins Challenge To State Education Rules In State Supreme Court

HEB Ministries, Inc. v. Texas Higher Education Coordinating Board (TX Sup. Ct., Aug. 31, 2007) involved a challenge under the U.S. and Texas Constitutions to the state's regulation of post-secondary religious seminaries. Fort Worth's Tyndale Theological Seminary sued after it was ordered by the Higher Education Coordinating Board to stop issuing degrees, to change its name, to offer refunds of students' tuition, and to pay a $173,000 fine. The school's violations stemmed from its calling itself a "seminary" and its awarding recognition to graduates us words like "degree", "associate", "bachelor", "master" and "doctor".

The 8 justices hearing the case produced 3 separate and lengthy opinions—concurring and dissenting in different portions of the major opinion written by Justice Hecht. This created shifting pluralities and majorities for different portions of the primary opinion. Justices variously discussed establishment clause and free speech challenges, as well as free exercise issues.

Six of the 8 justices who heard the case held, in an opinion by Justice Hecht, that the state is incapable of determining what is "genuine" religious study and what is not, so that the statutory restriction on the use of the name "seminary" by schools offering only religious studies violates state and federal free exercise guaranties. Justice Wainwright joined by Justice Johnson would have gone further and struck down the restriction without regard to whether the curriculum of the religious institution was primarily religious.

Three justices joined with Justice Hecht in holding that restrictions on the words that a religious institution may use to refer to completion of religious programs of study is so broad that it violates state and federal Free Exercise guarantees. Justices Wainwright and Johnson held that these restrictions do not violate Free Exercise provisions, but do violate First Amendment protection of commercial speech.

Justices Jefferson and Green in their separate opinion took the position that regulating the titles used to recognize graduates is a legitimate attempt to prevent a seminary from issuing a degree that misrepresents the nature of the education provided. The Dallas News reported today on the case.

Court OK's Religious Exclusion In Military Community Service Program

Under federal law (10 USC 1143a and 32 CFR Part 77), former members of the military may earn additional service credit for retirement by working with public or community service organizations. However, work with religious organizations that involves religious instruction, worship services or proselytizing does not count. In Bowman v. United States, 2007 U.S. Dist. LEXIS 64203 (ND OH, Aug. 30, 2007), an Ohio federal district court rejected an equal protection challenge to the exclusion of religious service brought by a former member of the Air Force who later worked as a youth minister. The court held that the government's purpose of providing benefits to community and public service organizations and its concern with avoiding an establishment clause violation were rational reasons for the exclusion.

Group Asks Kenya's High Court To Declare Jesus' Crucifixion Illegal

Interfax today reports that in Kenya, a group called Friends of Jesus has filed a petition in Kenya's High Court asking it to declare Jesus Christ's conviction for blaspheming the Holy Spirit null and void and his crucifixion illegal. A spokesperson for the High Court suggested that the statute of limitations might not be a bar to the suit because it involves human rights matters. Some lawyers suggested that the suit should have been filed in the International Criminal Court in the Hague, while others say it should be dismissed because the conduct at issue did not take place in Kenya.

Christian Evangelists Permitted To Preach Inside Pentagon

Truthout reports today that another use of Pentagon facilities by evangelical Christian groups has been uncovered by the Military Religious Freedom Foundation. In 2005, in connection with its two-week "D.C. Crusade", the North Carolina-based H.O.P.E. Ministries International was permitted to conduct two services in the Pentagon courtyard where employees eat their lunch. Evangelist David Kistler was permitted to preach, but could not invite employees to openly respond to his invitation to them to accept Jesus. This past June, H.O.P.E. was invited to speak at a prayer breakfast at the Pentagon, and the next day in the Pentagon auditorium. Kistler wrote in his organization's newsletter that "three souls were saved among those who attended those events". Mikey Weinstein, president of the Military Religious Freedom Foundation, said H.O.P.E Ministries' presence inside the Pentagon was a violation of required church-state separation.

Swedish Paper Creates New Muhammad Caricature Controversy

SFGate reports today on a new Muhammad caricature controversy, this time in Sweden. The newspaper Nerikes Allehanda recently published a picture, drawn by artist Lars Vilks, of what was apparently the head of the Prophet Muhammad on the body of a dog, standing in the middle of a traffic circle. Both Pakistan and Iran have summoned Swedish diplomats to complain about the drawing. Pakistan's Foreign Ministry issued a statement saying: "Regrettably, the tendency among some Europeans to mix the freedom of expression with an outright and deliberate insult to 1.3 billion Muslims in the world is on the rise.... Such acts deeply undermine the efforts of those who seek to promote respect and understanding among religions and civilizations." Iran's President Mahmoud Ahmadinejad blamed "Zionists" for the drawing.

Australia's Herald Sun reported earlier this week that the drawing was part of a series that Swedish art galleries had declined to display. Nerikes Allehanda defended its publication of the drawing, criticizing the galleries for unacceptable self-censorship.

UPDATE: On Friday, some 300 Muslims in Sweden rallied outside the offices of Nerikes Allehanda to protest the cartoon publication. (AP).

More On Church's Tax Breaks In Italy and EU Competition Law

Yesterday London's Times Online published additional details on the demand by the European Commission that Italy justify the tax benefits it gives to the Catholic Church. (See prior posting.) The EU's Competition Commissioner has received complaints that the arrangements amount to illegal state aid to EU businesses. The problem stems from a decision in 2005 by then-Prime Minister Silvio Berlusconi to extend the Church's property tax exemptions to buildings the Church uses for businesses such as hostels and health clinics. Last year the Italian government backtracked somewhat by limiting the tax exemptions to activities that "are not exclusively commercial", but that still allows exemptions where the religious activity on a property in minimal. The EU request has led to political charges of "anticlericalism" from the Right, and to charges from the Left that the Italian government has given the Church a "privileged position".

Political Asylum Being Sought By Christians From Muslim Middle East

Petitions for asylum in the United States by Christians from Middle Eastern countries who fear persecution if they return seem to be a growing issue. Three cases have recently been in the news. WorldNetDaily reported yesterday on the campaign being organized to prevent the deportation of Onsy and Fadia Zachary, an elderly Christian couple from Egypt who have been in the United States since 1998. Supporters say that Onsy Zachary escaped from Egypt in 1970 after being imprisoned and tortured for refusing to convert to Islam. His ability to stay in the U.S. is complicated by an assault conviction here, for which he is now completing a jail term. The couple fears imprisonment and torture if they are returned to Egypt.

On Thursday, according to the AP, a Pennsylvania federal court heard arguments in the long-running legal battle by Sameh Khouzam to avoid deportation back to Egypt. The Coptic Christian says he fled Egypt eight years ago to avoid religious persecution. His lawyers say Egyptian authorities arrested, beat and sodomized him when he refused to convert to Islam. Egypt, however, says Khouzam is a convicted murderer. U.S. officials have obtained assurances from Egypt that Khouzam will be treated humanely when he returns, but Khouzam's lawyers say that such assurances are meaningless.

In Harlingen, Texas, an Iraqi Christian who illegally entered the U.S. from Mexico in 2006 has been granted political asylum by an immigration judge, according to an AP report yesterday. Amar Bahnan Boles-- who was arrested as he swam the Rio Grande-- told the judge that he faces physical brutality if he is deported to Iraq.

Las Vegas Policemean Sues For Right To Wear Yarmulke and Beard

Represented by the ACLU of Nevada, an Orthodox Jewish detective on the Las Vegas police force has sued in federal court for the right to wear a yarmulke (skullcap) and a close-cropped beard while on duty. Yestereday's Las Vegas Review-Journal reports that as Detective Steve Riback became more religiously observant, the Metropolitan Police Department seemed to change its rules. Riback began on the force as an undercover agent where he wore a beard and a baseball cap as part of his disguise. When he moved to his present non-uniformed desk job, the Metropolitan Police Department had a policy against beards, but would grant medical waivers. It did not have a policy against wearing head coverings, but in May it changed its civilian clothing policy to prohibit wearing of hats indoors. When Riback pointed out that officers were permitted to wear International Fellowship of Christian Police Officers pins that featured an open Bible,the Department banned wearing of the pins rather than expand permissible religious attire. The suit claims religious discrimination and retaliation for filing a discrimination complaint.

China Bans Religious Discrimination In Employment

China's legislature, the National People's Congress, yesterday adopted a new Employment Promotion law. Among its provisions is one that permits job applicants to sue if they have been discriminated against on the basis of religion, or on various other grounds. Yesterday's People's Daily Online reports that after January 1, job seekers can sue if they were subjected to discrimination because of sex, age, religion, race or physical disability.

Paper Carries Essays On "Islam and State"

Today's Christian Science Monitor carries four interesting essays expressing divergent views on "Islam and State". Author Abdullahi Ahmed An-Na'im writes an essay titled I Need a Secular State. Harvard professor Jocelyne Cesari's essay is Burqas and Ballots. From Damascus, Danish Institute Director Jorgen S. Nielsen writes The Leery Arab Street. Finally, Bill Warner, director of the Center for the Study of Political Islam, writes an essay titled Political Islam's Ethics.

10th Circuit Dismisses Challenge To Polygamy Laws On Standing Grounds

In Bronson v. Swensen, (10th Cir., Aug. 29, 2007), the U.S. 10th Circuit Court of Appeals dismissed on jurisdictional and procedural grounds a constitutional challenge to Utah's polygamy laws. After a Salt Lake County, Utah Clerk of Courts refused to issue a marriage license for a polygamous marriage, the couple, along with the husband's existing first wife, filed suit claiming that the denial violated their free exercise, associational and substantive due process rights. The court, however, held that plaintiffs failed to adequately raise a challenge to Utah's civil polygamy statutes, and that they lacked standing to challenge the state's criminal prohibitions on polygamy. Among other reasons for a lack of standing, the court held that the state's current policy of not enforcing its criminal laws against polygamy removed any credible threat of prosecution in the future. Today's Salt Lake Tribune reported on the decision.

New Jersey Rabbi Claims Unconstitutional Surveillance

A release from the Rutherford Institute says it has filed suit in a New Jersey federal district court on behalf of a Chabad Lubavitch rabbi who claims that police are conducting illegal surveillance of his home in retaliation for his filing a RLUIPA claim against the Township of Freehold. Rabbi Avrom Bernstein lives in an area zoned only for residential dwellings. On the Sabbath and certain holidays, Rabbi Bernstein and guests he invites hold worship services in the rabbi's living room. Earlier this year, the Township notified Bernstein that these gatherings violated zoning rules, and issued a summons charging him with illegally operating a house of worship. Bernstein responded with a state court lawsuit challenging the constitutionality of the Township's actions. Then, allegedly in retaliation, the Township set up a camera across from Bernstein's home to monitor the number of individuals who visit for Sabbath and holidays. The suit claims that the surveillance has chilled the free exercise rights of Bernstein and his guests, has impaired the use of property and interferes with Bernstein's access to the courts.

Wiccan Widow Not Invited To President's Meeting With Soldiers' Families;[Update- Bush Apologizes]

On Tuesday, President George W. Bush was in Nevada to address the American Legion Convention (full text of speech). While he was there, he met with family members of soldiers from northern Nevada who had been killed in battle. Yesterday's Las Vegas Review-Journal reports that one relative was conspicuously not invited to the meeting. Roberta Stewart, whose husband was killed when his helicopter was shot down in Afghanistan in 2005, was not asked to attend, even though her husband's parents and brother were. Roberta and her late husband Sgt. Patrick Stewart were Wiccans, and Roberta has battled for the right to display the Wiccan pentacle on Sgt. Stewart's memorial marker in the Northern Nevada Veterans Memorial Cemetery. (See prior posting.)

Americans United for Separation of Church and State criticized Roberta Stewart's exclusion, saying: "President Bush seems to be continuing a pattern of hostility toward the Wiccan faith. That’s an outrage. America is a nation of great religious diversity, and all public officials, especially the president, have an obligation to serve all of the people. Our Constitution mandates equal treatment of all faiths." (AU Release.)

UPDATE: On Thursday, President Bush phoned Roberta Stewart and apologized for failing to invite her to the meeting with veterans' families. He offered her his condolences and said that he would not discriminate against someone because of their religion. (AU Release.)

Sabbatical Year Approaching In Israel Poses Legal and Agricultural Issues

In two weeks the Jewish New Year of 5768 begins. In Israel, that prospect is posing unique legal and religious problems since that year will be a sabbatical year during which traditional Jewish law requires that land in Israel owned by Jews lay fallow. Over the years, a number of rabbis developed a legal fiction that allowed crops to continue to be grown. Farms in Israel were symbolically "sold" to non-Jews, usually Druze citizens, and then at the end of the year, were "sold" back to their former owners. Yesterday, both Haaretz and the Forward reported that increasingly ultra-Orthodox ("Haredi") rabbis are rejecting this loophole, and are insisting that the government help them enforce a stricter reading of Jewish law.

Earlier this month, the director-general of the Jerusalem Religious Council said that only produce that complies with the stricter interpretation should be marketed, and specified two wholesalers-- chosen without formal competition-- who would be certified as selling complying produce. Three petitions challenging that method of selecting the wholesalers have been filed with the High Court of Justice. Yerachmiel Goldin, supervisor of sabbatical year issues in the Ministry of Agriculture, believes that the High Court of Justice may instruct the rabbinate of Jerusalem and other towns to accept produce cultivated under the more liberal rules.

In past sabbatical years, the Haredi community has solved the problem by purchasing produce grown by Palestinians and crops exported from Cyprus. Leaders of one Haredi group now want the Israeli army to provide security for kosher supervisors sent to Palestinian farms in the West Bank. Other options include Jewish farmers growing crops using a method in which produce is planted on detached beds having no contact with the ground, and using crops grown in areas such as the southern Arava that are not defined by traditional Jewish law as being in the area subject to sabbatical restrictions.

RLUIPA Suit Filed By Yeshiva Against NJ Town

On Monday, a federal lawsuit was filed by a synagogue and yeshiva against the borough of Roosevelt, New Jersey, its Planning and Zoning Board and others. The lawsuit claims that defendants violated RLUIPA by undertaking a systematic campaign to prevent Yeshiva Me'on Hatoraha from being housed at Anshei Roosevelt synagogue. Apparently the borough's former mayor, Neil Marko, was removed in a recall election after it was alleged that he had a conflict of interest in representing the borough in connection with matters relating to the yeshiva.The Allentown (NJ) Examiner today says that Joshua Pruzansky, executive vice president of the yeshiva said that in addition to raising legal hurdles, "opponents of the yeshiva have also used disparaging language in describing the lifestyle of Orthodox Jews, argued that the yeshiva would take properties off the tax roll, and claimed that the yeshiva faculty and families would harm the local public school."

South Korea Gets Hostage Release; Pledges End To Missionaries In Afghanistan

In Afghanistan today, Taliban militants released 8 of the remaining 19 Christian volunteers that they had kidnapped an held as hostages since July 19. The International Herald Tribune reports that as part of the deal, South Korea has agreed to prevent South Korean churches from engaging in evangelical activities in Afghanistan. South Korean church groups said they will go along with the agreement. South Korea will also withdraw its 200 troops from Afghanistan by year's end, as it had already planned to do.

Court Refuses To Enjoin New Texas Pledge Containing "Under God"

A Texas federal district judge on Tuesday refused to issue a temporary injunction to stop schools from reciting the newly modified Texas pledge of allegiance which for the first time contains the phrase "one state under God". (See prior posting.). According to the Fort Worth Star-Telegram, Judge Ed Kinkeade said that parents David and Shannon Croft did not show that they would show irreparable injury if the preliminary injunction was not granted. (Croft v. Perry, ND TX, Aug. 28, 2007). Texas attorney general Greg Abbott issued a release welcoming the ruling, saying: "the Texas Pledge is an acknowledgment of patriotism and citizenship." The Attorney General's brief in the case is available online.

New DHS Rules Let Screeners Search Sikhs' Turbans For Explosives

The United Sikh Coalition has complained to the U.S. Department of Homeland Security about a newly implemented policy at airports that gives screeners discretion to ask Sikhs to remove their turbans for a security search, even if the wearer has not set off a metal detector. Authorities are concerned about detecting plastic explosives. The Argus (Alameda County, CA) reports today that the new DHS rules took effect Aug. 4, and are seen by Sikhs as racial profiling, even though screeners are also permitted to search travelers wearing cowboy hats or straw hats. Sikhs say that turbans do not lend themselves to hiding of explosive devices anymore than do skullcaps worn by Orthodox Jews-- a head covering that is not on the list of those that can be examined. The Sikh faith only permits the turban to be removed at home or in private.

Court Refuses To Dismiss Christian Student Group's Claim Against University

Last week a Georgia federal district court refused to dismiss claims brought by a Christian student group against Savannah State University. (ADF Press Release.) In Commissioned II Love v. Yarbrough, (SD GA, Aug. 24, 2007), the court refused to dismiss claims by Commissioned II Love (C2L) and its president that their right to assemble and their right to intimate association were infringed when the group was suspended, and then was expelled, from operating. The University charged that the group violated Code of Student Ethics rules against hazing and harassment. Those charges were filed after a student petition claimed that C2L badgered members of fraternities and sororities to accept Jesus, and that at a retreat current members would wash the feet of new members as a symbol of Jesus' washing of his apostles' feet. (See prior posting.) The court however dismissed individual claims by student members of C2L, finding that expulsion of C2L did not affect their individual rights to assemble and pray together.

Illinois Governor Vetoes School Moment of Silence Mandate

The Associated Press reported on Tuesday that Illinois Governor Rod Blagojevich has vetoed SB 1463, an amendment to the Silent Reflection and Student Prayer Act that would have required public school teachers to open each school day with a moment of silence. Current law gives teachers an option of whether or not to use a moment of silence. In his veto message, Blagojevitch said that mandating a moment of silence would be unconstitutional. The bill passed both houses earlier this summer by majorities that are large enough to override Blagojevich's veto.

US Military Apologizes To Afghans For Religious Offense Caused By Soccer Balls

In Afghanistan, the U.S. military has apologized for the unintended religious insult it caused when it distributed soccer balls to children in Khost province. Monday's International Herald Tribune reports that at least one of the balls-- made in China and purchased in a market in Kabul-- carried the picture of the flag of Saudi Arabia. That flag features in Arabic the Shahada (Muslim declaration of faith): "There is no god but Allah; and Muhammad is the Messenger of Allah". Villagers were upset because they found it disrespectful and deeply offensive to kick a ball that contains a verse from the Quran, the name of Allah or of his prophet. [Thanks to Matthew Caplan for the lead.]

Anti-Semitic and Nazi Clips On YouTube Trigger Legal Questions

The growing use of YouTube to disseminate anti-Semitic and neo-Nazi videos is raising legal questions around the world. In Columbus, Ohio on Tuesday the police department began an internal investigation into police officer Susan L. Purtee's involvement in making of a number of videos criticizing Jews, blacks and immigrants. (Columbus Dispatch.) The videos, made by Purtee and her sister, were originally placed on their own website. Some ended up on You Tube, including a ten-minute anti-Semitic clip titled "The Jews". (Columbus Dispatch 2.)

Meanwhile, in Germany the country's neo-Nazi party was until recently using You Tube to broadcast its own anti-Semitic edition of the news. Videos of Nazi rallies and neo-Nazi rock bands were also posted there. In response, Germany's Interior Ministry has encouraged people to file suit against YouTube under the country's laws that ban neo-Nazi propaganda in the country. YNet News reported yesterday that Google, which owns you Tube, has said it will examine whether the videos violate its policy against "malicious use of stereotypes designed to attack or humiliate gender, sexual tendency, race, religion or nationality".

Turkey Elects Gul As President Despite Concerns About Preserving Secularism

Turkey's Parliament today elected Foreign Minister Abdullah Gul to be the country's next president, according to a report by the AP. Gul's candidacy has been controversial because he is a devout Muslim in a country that was founded on the principle of secularism. (See prior posting.) Gul's wife wears an Islamic-style headscarf, even though Turkish law bans them in government offices and schools. On Monday, just before the election, the Turkish army issued a statement warning against those who would undermine Turkey's democratic and secular status. (Reuters.) Upon assuming office, Gul also defended Turkey's secular tradition, saying: "Secularism -- one of the main principles of our republic -- is a precondition for social peace as much as it is a liberating model for different lifestyles."

UPDATE: Today's Zaman runs the full text of Gul's inaugural speech to Parliament.

Pakistani Police Sued Over Failure To Locate Girls Allegedly Forced To Convert

In Pakistan, lawyers have filed suit against the police in the Punjab city of Faisalabad, claiming that authorities are stalling efforts to locate two Christian girls-- age 11 and 16-- who disappeared after they allegedly were forced to marry and convert to Islam. BosNewsLife yesterday reported that these disappearances are part of a larger pattern of kidnappings of Christians, threats against Christians if they do not convert and attacks against churches. The All Pakistan Minorities Alliance, however, said that it was encouraged that there is growing concern over Muslim extremism and the growing influence of the Taliban.

9th Circuit: Forest Service Ban On Rock Climbing OK Under Establishment Clause

In The Access Fund v. United States Department of Agriculture, (9th Cir., Aug. 27, 2007), the U.S. 9th Circuit Court of Appeals upheld a decision by the U.S. Forest Service to ban recreational rock climbing on Cave Rock, a large rock formation on the eastern shore of Lake Tahoe in Nevada. Cave Rock is a sacred site for the Washoe Indian tribe, and the Washoes consider rock climbing to be a desecration of the site. Plaintiff, a climbing advocacy group, argued that the Forest Service's decision violated the Establishment Clause. The court, however, disagreed, finding that the Forest Service had a secular purpose in banning rock climbing-- the preservation of an historic cultural area. It also held that "the climbing ban cannot be fairly perceived as an endorsement of Washoe religious practices." Judge Wallace concurred, but said he did not believe that the Lemon test should be used to decide the case. The AP yesterday reported on the decision. [Thanks to Robert H. Thomas for the lead.]

2006 Graduation Leads To New Lawsuit On Student Religious Speech Rights

Liberty Counsel announced that yesterday it filed suit in federal court against Lewis Palmer School District in Monument, Colorado to challenge actions taken over a year ago at a district high school's 2006 graduation. At the graduation, 15 students co-wrote a speech, and each person delivered 30 seconds of it. Erica Corder's portion consisted of testimony about her faith in Jesus and a plea for others to learn more about Jesus. The content of her presentation came as a surprise to the principal, since it differed from the draft that Corder had submitted in advance. The principal required Corder to compose an apology which was e-mailed to the entire high school community. (See prior posting.) Corder says that since the 2006 graduation, the school has continued to portray her publicly as a student whose mention of Jesus was improper. Her suit was filed after the school board failed to respond to Corder's request for an apology and for a change in school policy to ensure that no future free speech violations occur. Citizen Link also reports on the lawsuit.

Italian Catholic Church May Renegotiate Its Tax Benefits

Under pressure from the European Commission and Italy's government, a Vatican spokesman has said that the Italian Catholic Church is willing to "revisit" the issue of the benefits it receives from tax exemptions and from government payments. Today's Guardian reports that renegotiation of the 1984 version of the Concordat between the Vatican and Italian government is needed because the Italian treasury loses 1.3 billion Euros each year from a combination of the Church's receipt of income tax monies, its exemption from most local property taxes, and the reduced tax rate on its business activities (schools, hospitals, clinics and hotels). The EU has suggested that the Church's tax treatment in Italy may pose unfair business competition issues.

UPDATE: BNA Daily Tax RealTime reported on Aug 28: "The European Commission has taken the first steps toward a possible official illegal state aid case against Italy and the Catholic Church by requesting that Italian government authorities provide information about a range of tax breaks the Vatican receives for various economic activities."

Thomas More Law Center Joins As Co-Counsel Opposing NY Arabic School

The Thomas More Law Center announced yesterday that it will act as co-counsel in a pending Freedom of Information Act case seeking more information about New York City's new Khalil Gibran International Academy (KGIA). The controversial KGIA-- opening this year in Brooklyn-- is a specialized middle and high school focusing on Arab language and culture. (See prior posting.) In announcing the Thomas More Law Center's involvement, its President and Chief Counsel Richard Thompson leveled a series of broad accusations at the new school:

KGIA is a Trojan Horse New York City is building for radical Islam with taxpayer money. That the Quran calls for Muslims to subjugate the world, especially Christians and Jews, is a fact that anyone can look up. New York City School Chancellor, Joel Klein, who is aggressively promoting this Islamic school, is the same person who refused to allow two Christian students, a second and a fourth grader, to display a nativity scene during Christmas—another example of how political correctness is leading to a malicious double standard when it comes to religious expression in public schools.

Israeli Rabbi Says Soldiers Died Because They Were Not Religiously Observant

In Israel, Rabbi Ovadia Yosef, spiritual leader of the Shas party and former Chief Rabbi, stirred controversy when, in a sermon broadcast on Monday, he said that Israeli soldiers were killed in last year's Lebanon War because they were not religiously observant. BBC News says that Yosef's remarks have been criticized not just by secular Israelis, but also by Eli Ben-Shem, head of Yad Labanim, a group representing fallen Israeli soldiers, who said Yosef's remarks were particularly hurtful to religious families whose children had been killed.

Recent Scholarly Articles On Law and Religion

From SSRN:

• Robert A. Kahn, Why There Was No Cartoon Controversy in the United States, (U of St. Thomas Legal Studies Research Paper No. 07-28, 2007).
  
• Charles J. Reid, Marriage: Its Relationship to Religion, Law, and the State , (Jurist, Vol. 68, 2008).

From SmartCILP (and not previously reported from SSRN of Bepress):

• Amanda Harmon Cooley, God and Country: The Dangerous Intersection of Religion and Patriotism in the First Term of the George W. Bush Administration, 16 Kansas Journal of Law & Public Policy 157-173 (2006-2007).
  
• Symposium: For All the Saints: How the Lives of Extraordinary Catholics Can Shed Light on the Ordinary Practice of Law, 46 Journal of Catholic Legal Studies 1-63 (2007).
  
• Gerald J. Russello, Catholic Social Thought and the Large Multinational Corporation, 46 Journal of Catholic Legal Studies 107-135 (2007).

Article Says Apocalyptic Christians Place Pressure On Military

On Friday, Truthout.org carried an article by Thomas D. Williams and JP Briggs II titled Fringe Evangelicals Distort US Military Policy. The article asserts: "For decades, especially since the end of the Vietnam War, the US military has been wrestling with aggressive sects of doomsday Christians demanding control and conversions of those of other faiths as well as nonbelievers within the armed forces." The analysis is based in part on a 2006 US Army War College study by Air Force Lieutenant Colonel William Millonig: The Impact of Religious and Political Affiliation on Strategic Military Decisions and Policy Recommendations.

Austria's Right Wing Leaders Urge Anti-Islam Steps

In Austria, right-wing political leader Joerg Haider has proposed that Austria's Constitution be amended to prohibit construction of mosques and minarets in the country and to require religious groups use German in their services and sermons. M&C today reports that Haider, who is former leader of the BZ party and is governor of the province Carinthia, called for the changes over the week end, saying he was protecting Austria's western culture. Right-wing Freedom Party leader Heinz-Christian Strache, who is usually feuding with Haider, expressed his support for Haider's proposals, and urged also that headscarves be banned in schools, universities and public service, that radical preachers be deported and that the government issue an annual Islamization report.

California Cities Sue Woman For Painting God's Messages On Her Houses

Belmont, California officials are about to enforce the city's sign code against homeowner Estrella Benavides who has painted a "message from God" on the front of her house. Today's San Mateo Daily Journal reports that the sign exceeds the 12 square foot limit imposed by Belmont's city code. San Mateo officials have already sued Benavides because of signs with messages from God that she has plastered over another home she owns there. Benavides said, "I am not worried about anything. God is on my side."

Couple Claims State Removed Children Because of Father's Religious Beliefs

Last week, Stephen and Bedra Starkey filed a lawsuit in a Denver (CO) state court against the Boulder County Department of Social Services and several of its employees claiming that the county took temporary custody of Stephen Starkey's three children because of Starkey's fundamentalist religious beliefs. Today's Denver Post reports that Starkey makes similar claims in a pending federal court case. County officials say the children were removed in 2004 because of abuse, not religion. Police found that Starkey disciplined his children by forcing them to lie on the floor for hours while reading the Bible, withholding meals and hitting one child on the head. Starkey is quoted as saying: "Children should live in fear of their parents, the police and others to prevent them from an immoral life."

Recent Prisoner Free Exercise Cases

In Chambers v. Arpaio, 2007 U.S. Dist. LEXIS 60327 (D AZ, Aug. 16,2007), an Arizona federal district court dismissed an inmate's complaint that an Arizona jail permitted only 3 of its 70 inmates to attend church each week. The complaint lacked allegations that plaintiff was prevented without penological justification from engaging in conduct mandated by his faith.

In Said v. Donate, 2007 U.S. Dist. LEXIS 55007 (MD PA, July 30, 2007), a Pennsylvania federal judge rejected a Magistrate's recommendation (2007 U.S. Dist. LEXIS 60658 (June 29, 2007)) that an immigration detainee's free exercise claim be dismissed. Instead the court permitted plaintiff to amend his complaint to identify defendants who deprived him of his request for a Halal meat meals, to describe those meals and how failure to receive Halal meat places a substantial burden on his religious exercise.

In Dye v. Lennon, 2007 U.S. Dist. LEXIS 62123 (ED WI, Aug. 22, 2007), a federal district court held that an inmate stated colorable free exercise and RLUIPA claims. He alleged that defendants interfered with his right to practice his religion when they obtained a temporary guardianship over him based on his refusal to eat. He says that the guardianship interferes with his fasting for religious reasons.

In Hetsberger v. Department of Corrections, (N.J. Super. App. Div., Aug. 24, 2007), a New Jersey appellate court held that the trial court should have analyzed a plaintiff's claim under RLUIPA as well as under First Amendment standards. Plaintiff in the case, a member of the Nation of Gods and Earths, complained that the Department of Corrections' designation of the Nation as a security risk placed a substantial burden on its members' ability to participate in activities central to their religious beliefs.

In Searles v. Bruce, 2007 U.S. Dist. LEXIS 62451 (D KA, Aug. 23, 2007), a Kansas federal district court granted a directed verdict for defendants, finding that an inmate failed to prove his claim that he was denied apples and honey for the Jewish holiday of Rosh Hashanah, and failed to show any personal participation by defendants in the alleged denial.

Lebanese Paper Decries Lack of Civil Marriage Code

Lebanon's Daily Star today carries a lengthy report on Lebanese laws that impact women's rights. A significant portion of the article focuses on the absence of a civil code on marriage and family law. Instead each of the 19 religious denominations in the country has its own personal status code, and its own courts to enforce it. This preserves the cultural identity of each group, defenders say.

Vermont's Proposed Regulation of Prisoner Religious Practices Criticized

In July, the Vermont Department of Corrections issued for comment proposed Directive 380.01 on religious observances and programs in the state's correctional facilities. Last week the Becket Fund wrote the Department of Corrections objecting to a number of provisions in the proposal. (Full text of letter.) As summarized in its press release, the Becket Fund argued:

These new regulations are incredibly stringent, and in some cases ominous, such as the mandatory registration of an inmate’s religious identity.... In addition to mandatory registration, the regulations deny inmates the right to lead religious services--even if they are ordained clergy--and prohibit inmates from "demonstrative prayer" and prayer with others. The regulations also force inmates to wait for up to a year to change their religious affiliation, and prohibit them from attending interfaith religious services without applying for a permit first.

In response to these objections, as well as concerns expressed by the ACLU, Vermont Corrections Commissioner Rob Hoffman has already made some changes, according to yesterday's Boston Globe.

Prof Suggests New Approach To Religious Accommodation In Education

Universal Faith is the title of a piece by Harvard Law Professor Noah Feldman in today's New York Times Magazine. In it he suggests a new approach to accommodating religion in public education:

The source of the confusion is the mistaken notion that the categories "religious" and "secular" are strictly binary, like an on-off switch. It's true that some things are inherently religious... But it's also true that many things that are not inherently religious are not inevitably secular either: they can be infused with religious meaning through the intention of a believer. A gymnasium or a warehouse has a perfectly secular use but also can be consecrated by worshipers who invoke God's name there for purposes of worship. Examples of what you might call "dual use," such things can be at once secular to one person and religious to another.

The most convincing interpretation of our constitutional tradition is that the government may not engage in or pay for conduct that is inherently religious but may accommodate religion when the steps taken to do so are not inherently religious in themselves. The phenomenon of dual use suggests a helpful way of restating this requirement: the state may expend resources to accommodate activities that are religious in the eyes of the believers as long as those activities can still be performed by the general public that interprets them as secular.

More Developments In San Diego Diocese Bankruptcy Case

There has been another development in the bankruptcy reorganization of the Catholic Diocese of San Diego, according to yesterday's San Diego Union-Tribune. While not yet formally lifting the stay on lawsuits, Bankruptcy Judge Louise DeCarl Adler ruled Friday that abuse victims in 42 of the 127 pending lawsuits have a constitutional right to a state jury trial on their claims. Pressing the Diocese to settle, Adler also said that the Church’s current settlement offer is well below the state average for abuse claims. The Diocese had sought, instead of a jury trial, to have the federal bankruptcy court place a value on the abuse claims and then let the victims accept or reject that amount. Meanwhile, a hearing is scheduled for Sept. 6 to decide whether the entire bankruptcy case should be dismissed. Bankruptcy professor Scott Erlich said: "If I were the judge, I would dismiss this action. The only reason to be in Chapter 11 is that the debtor is willing to come up with a plan that the victims can agree to. That is not happening here, and we are wasting our time." (See prior related postings 1, 2.)

China Begins Campaign Targeting Christian Proselytizing Ahead of Olympics

Bos News reported yesterday that China's Ministry of Public Security has urged local officials to undertake a month-long campaign against "illegal religion and evil religious activities" to eliminate "political unstable elements" in the countryside. The crackdown is especially targeting Christians, including leaders of unregistered "house churches". Rights groups say that new arrests and harassments are an attempt to discourage Christian groups from engaging in proselytizing at next year's Beijing Olympic Games.

Justice Department Files Amicus Brief In Support of Mormon Student

The Justice Department's Civil Rights Division has filed an amicus brief in support of a Mormon college student, David Haws, who is suing West Virginia's PROMISE Scholarship Board for religious discrimination. (Yesterday's Washington Post.) Represented by the ACLU, Haws is challenging the Scholarship Board's policy that led to the loss of his scholarship when he left school temporarily to serve a two-year church mission. The Scholarship Board argues that since Haws' church mission was not a required tenet of his faith, but was only encouraged, he was not compelled to choose between his faith and receipt of the scholarship.

Irish Sikh Group To Challenge No-Turban Policy of Police Reserve

Ireland's Sikh Council is planning to sue to challenge a policy of the Garda Reserve that prohibits Sikh members from wearing turbans while on duty. The Garda Reserve is a volunteer section of Ireland's police force. Today's Malaysia Sun says the planned action stems from a complaint by a Sikh IT professional who had wanted to volunteer for the Reserve.

Tie Vote Means No En Banc Review of "7 Aphorisms" Cases In 10th Circuit

The U.S. 10th Circuit Court of Appeals split 6-6 on a motion to review en banc two decisions by a 3-judge panel handed down last April. The decisions ruled in favor of members of the Summum faith who sought to put up displays of their Seven Aphorisms in parks where Ten Commandment displays already exist. The en banc ruling is Summum v. Pleasant Grove City, (10th Cir., Aug. 24, 2007). Plaintiffs had argued that parks in Pleasant Grove City and Duchesne City, Utah were public forums. The 3-judge panel agreed as to Pleasant Grove, and sent the Duchesne case back for further fact finding. The en banc split results in no review of those decisions.

Two interesting dissents to the denial of an en banc rehearing were filed along with the ruling. Judge Lucero argued that parks are public forums for temporary events such as protests and concerts, but not for permanent monuments. Judge McConnell, joined by Judge Gorsuch, argued that managers of city parks should be able to make reasonable content-based judgments on the kinds of monuments that will be in the parks. Accepting the donation of a war memorial for the park from the VFW should not open the park to "an influx of clutter", they wrote. Yesterday’s Salt Lake Tribune reported on the en banc determination.

More New Jersey Schools Rent Space To Churches

Today's Washington Post carries a story from Northern Jersey's Record pointing out the large number of New Jersey public schools that rent out space to churches for use on Sundays. The practice is encouraged as space becomes more limited, congregations grow and zoning requirements become more difficult to meet. The rent is also an attractive income source for schools. Schools also rent out space to churches on a more temporary basis when they are displaced by a fire, or when they are in the process of constructing a new building. Synagogues sometimes rent school space for overflow services for the High Holidays.

High School's Refusal to Recoginze Bible Club Limited to Christians Upheld

In Truth v. Kent School District, (9th Cir., Aug. 24, 2007), the U.S. 9th Circuit Court of Appeals upheld a decision made by the Associated Student Body Council in a Washington state high school. The Kentridge High School Council refused to grant official recognition to a student Bible club that limited its membership to those "complying in good faith with Christian character, Christian speech, Christian behavior and Christian conduct as generally described in the Bible." The school argued that state anti-discrimination laws precluded recognition of the club. The court held that the denial of recognition violated neither the federal Equal Access Act nor the club’s First Amendment rights. The court said that the club's policy of excluding those who do not meet Christian criteria did not have an expressive function, and forcing the group to include them as non-voting general members would not convey a message in conflict with the club’s views. Yesterday’s Seattle Post-Intelligencer reports on the decision.

Lesson Learned—This Year’s Jacksonville Prayer Rally Gets No Government Funds

Last year, Jacksonville, Florida ended up in litigation when it spent over $100,000 to support a Day of Faith anti-violence rally. The city settled the lawsuit, agreeing that in the future it would sponsor only secular programs. This year, 50 churches in Duval county are holding a similar prayer service, but without government funding. The mayor and other officials will be invited to the Sept. 8 "It’s Time To Pray Jacksonville" event, but this year the faith community will have "entire ownership" of the event, according to one of its organizers, Rev. Gary Wiggins. Yesterday's Florida Times-Union reported on plans by the organizers to invite 1,400 houses of worship—including synagogues and mosques—to attend.